Travel while I-485 Pending

D

deaton

Registered Users (C)
I am a Canadian on H1 status, and I am hoping to file my I-485 and I-140 concurrently in May. My H1 status is valid for 2.5 years after this point, as is my wife's H4. In the I-131 instructions it seems to suggest we can travel at any time while the I-485 is pending using my H1 status. Am I interpreting this correctly? Will we be able to travel abroad after filing the petition?
 
yes you can travel in and out of the country while on H1B (assuming you have H1B stamp in the passport) until the validity of the H1B stamp in passport.
(doesn't matter you have applied for '485/131/765' or not)
 
Thanks for this! A quick followup: I assume we need to be in the US for the medical appointment, filing of the I-140/485/765, and for the biometrics. Is that all? I ask because she has a full-time job in Canada and it would really help her out if she could come down just for a few days for each of the above listed things until her I-765 is approved and she can work in the US. Several people have told me that we have to stay in the US for an extended period of time while the I-485 is pending, and I don't want to make any mistakes!
 
Yes. 485/765-EAD/131-AP can only be filed while you are in the US. I am not sure what the ramifications are if you just come to the US for filing 485 and then go back to your home country.
 
I am not sure of the ramifications of traveling immediately after the I-485 is filed either. The instructions for I-131 state that H1 and H4 status holders can travel without need for advance parole provided their I-485 is "pending". Does that language mean travel is ok only after USCIS acknowledge receipt of the I-485?
 
deaton said:
I am a Canadian on H1 status, and I am hoping to file my I-485 and I-140 concurrently in May. My H1 status is valid for 2.5 years after this point, as is my wife's H4. In the I-131 instructions it seems to suggest we can travel at any time while the I-485 is pending using my H1 status. Am I interpreting this correctly? Will we be able to travel abroad after filing the petition?
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You need to be on valid status in US when you file I-485, EAD, AP. Medical for I-485 has to be done in US. FYI I-485 locations have changed to Lockbox. Go out only after you get I-485 filing receipts. H1 or H4 has nothing to do with I-485 both are different petitions. If I-485 is filed and pending one can go out of US and can enter on H1 or H4 status with valid Visa stamps.EAD has nothing to do with Entry to US EAD is for work. if one wants to use AP for entry to US then AP must be filed in US and Approved Before you go out of US. Having AP does not mean you must use AP to enter US if you have Valid H1 or H4 visa stamp to enter US.
 
ginnu said:
You need to be on valid status in US when you file I-485, EAD, AP. Medical for I-485 has to be done in US. FYI I-485 locations have changed to Lockbox. Go out only after you get I-485 filing receipts. H1 or H4 has nothing to do with I-485 both are different petitions. If I-485 is filed and pending one can go out of US and can enter on H1 or H4 status with valid Visa stamps.EAD has nothing to do with Entry to US EAD is for work. if one wants to use AP for entry to US then AP must be filed in US and Approved Before you go out of US. Having AP does not mean you must use AP to enter US if you have Valid H1 or H4 visa stamp to enter US.
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He's Canadian. He won't have (or need) a stamp. His spouse will if she is not Canadian.
 
deaton said:
I am not sure of the ramifications of traveling immediately after the I-485 is filed either. The instructions for I-131 state that H1 and H4 status holders can travel without need for advance parole provided their I-485 is "pending". Does that language mean travel is ok only after USCIS acknowledge receipt of the I-485?
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Correct. Every individual filing I-485, including family members, must be in the US at the time of filing the I-485. If they realize you were outside the US on the filing date, they'll deny the I-485. The problem is that until you get the receipt, you're not sure what they consider to be the filing date. So you should wait for the receipt.

However, given your wife's job in Canada, and the 2.5 years of remaining H validity, it may be better for her to use consular processing, if your I-140 will be in EB2 ROW or EB1 and she doesn't plan or expect to work in the US for the next 6 months. That would enable her to avoid having to be in the US for the I-485 filing (because there would be no I-485 for her), and the fingerprinting and medical and interview would all be done in Canada.
 
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Thanks for all the replies! We probably would have went with consular processing for her (she is Canadian as well, and my I-140 is EB2) but she may be able to take a position if she can get work authorization by the beginning of September. This would give us both permanent employment in our specific fields in the same place, so we really want to make this work! All of this information really helps, since I have gotten a wide range of contradictory info from HR, friends, etc about when travel is ok and when it isn't. So from what I can tell, we must be in the US for the medical and the concurrent filing. After they have acknowledged receipt of our I-485s, we can both travel normally on our H status. Is it alright if she pops down to the US for the fingerprinting, and then goes back to Canada to work until her I-765 is approved (3 months)?
 
deaton said:
After they have acknowledged receipt of our I-485s, we can both travel normally on our H status. Is it alright if she pops down to the US for the fingerprinting, and then goes back to Canada to work until her I-765 is approved (3 months)?
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Yes, she only has to be in the US long enough* for USCIS to generate the receipt, and then after that she can take a 1-day trip into the US as needed for fingerprinting and interview**.


*The medical must be done in the US before I-485 filing. Normally the medical will require 2 visits to the doctor -- there will be a follow-up visit to check the skin test and give secondary vaccination shots (if necessary).

**most employment-based cases don't involve an interview, but they randomly select some for an interview (in addition to selecting some based on anomalies or suspicion), so you have to be prepared for that possibility.
 
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TheRealCanadian said:
No. Canadians do not require visa stamps for entry in *any* status except K or E (and maybe A). I've never received a visa stamp in my life.
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They can just show the H1B or H4 approval notice without having a visa stamp, regardless of whether they entered by land, sea, or air, and regardless of where they're coming from, and their entry will be recorded accordingly in H1B or H4 status? Or is that rule only applicable to Canadians crossing the US-Canada border by land?
 
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Jackolantern said:
They can just show the H1B or H4 approval notice without having a visa stamp, regardless of whether they entered by land, sea, or air, and regardless of where they're coming from, and their entry will be recorded accordingly in H1B or H4 status?
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Yes. And for an H-4 or other dependent status, they merely need to show a copy of the H-1 holder's I-94 or approval notice and proof of the dependent relationship. No prior petition required.

Or is that rule only applicable to Canadians crossing the US-Canada border by land?
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Nope. Air, land or sea, doesn't matter.
 
Has anyone out there recently filed I-140 and I-485 concurrently at the NSC? How long did it take for them to send a receipt after mailing the application? Any experiences would be appreciated!
 
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